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Encouraging Public Notification in Site Remediation
Alternate Format: Adobe Acrobat [pdf 185 Kb] Early, two-way communication with residents, business owners and local officials affected by remediation activities can be critical to a successful investigation and cleanup. This may be especially true when future uses include public recreation or housing. With an effective outreach strategy, the parties responsible for the remediation can anticipate the needs and concerns of the community and deal with them proactively. Effective outreach creates a forum to share information and raise and address community concerns about future use early in the remediation process. This effort can save time and money and build critical community support. Complying with NJDEP’s Technical Requirements for Remediation (N.J.A.C. 7:26E) ensures exposure pathways are controlled or eliminated, but exposure risk during the remediation can still be a local concern. Whether these concerns are scientifically based or perceived, they pose a real obstacle to progress if not addressed. Exploring and addressing these concerns early in the process can aid in the remediating party’s decision-making process during planning, rather than throughout the remediation or reuse. For this reason, we urge you to recognize "sensitive populations" and inform the NJDEP, the municipal clerk, and the local health official before you initiate any field activities associated with the remedial investigation or a single phase remediation. We suggest that you identify the following sensitive populations that are located within 200 feet of the site boundary:
A model Sensitive Population Checklist is attached for your use [Attachment 1. Sensitive Population Checklist]. Attachment 1 also describes the specifications for preparing a map that indicates the location of the site and each sensitive population identified. If you choose to complete a Sensitive Population Checklist, we recommend sending a copy of the Checklist, map and a brief description of the sensitive populations identified and site conditions to the NJDEP case manager, the NJDEP Office of Community Relations, the municipal clerk and the designated local health official. We often hear from the public that they do not know what is taking place on the property ‘next door’ or ‘across the street.’ Their genuine concerns about future use and exposure during remediation need to be addressed in order for the remediation process to go forward smoothly. This guidance encourages the remediating party to notify nearby property owners and tenants and the community living and working nearby prior to any field activities associated with remedial investigation or a single phase remediation, either by the posting of appropriate signage or by direct notice. Signs: Notification is frequently done through site signage. This is a sensitive issue that requires thorough review with the local municipal officials to ensure that the signage is done in a way that is consistent with both existing local ordinances and accepted local practices regarding signage. Throughout the country, signs are being used to good effect as means to both announce a new use and as a source of contact information for whom to call with questions regarding on-site activities. The party conducting the remediation should ensure that the sign is legible and posted at a location that is clearly visible to the public. The sign should be at least two feet by three feet and should be maintained throughout the period of remediation. Signs, like letters can be modified to fit your situation and can be used to advertise redevelopment projects or other relevant site information. However, at a minimum, the sign should include the following wording and information:
If you choose to post a sign, we recommend sending a photograph of the sign and a brief description of site conditions to the NJDEP case manager, the NJDEP Office of Community Relations, the municipal clerk and the designated local health official. Letters: Municipalities across the state currently follow a practice of notifying residents living within two hundred feet of a given proposed action (commonly a zoning variance). Notification letters advise the residents of the proposed action and give them an opportunity to hear more on the matter or to receive more information. NJDEP strongly encourages parties interested in a proactive approach to send letters advising members of the community of remedial investigation activities. Concerned community members include the owners and tenants of properties located within 200 feet of the site boundary, Administrators of schools and childcare centers, lead person in an EJ Petition area, as well as, municipal clerks, and designated local health officials. A model letter, which contains the recommended minimum amount of information, is attached for your use [Attachment 2. Remedial Investigation/Remedial Action Notification Letter]. NJDEP encourages you to expand the language in the model letter to fit your situation. For example, the notification letter can include information about the intended reuse of the property, timeframes and/or hours of site activities. Action StagesWhen you reach the remedial action phase of a cleanup activity, there may be additional concerns in the community: established staging areas, increased truck traffic, and general activity creating dust, odors or noise. We recommend a second outreach at this stage of the remedial process. At this point you may want to again notify neighboring property owners and tenants and advise the designated Health Officer [local or county] and municipal clerk of your pending activities and timelines. A model letter that is attached for your use outlines the minimum amount of information that should be included and can be modified to best suit the community’s needs. [Attachment 2: Remedial Investigation/Remedial Action Notification Letter] Sites At Which Contaminated Material Will Be BroughtThe public may not be aware that, under certain circumstances, there are instances where contaminated fill is allowed to be brought onto a site. Additional notification should be performed in cases where you have proposed to bring contaminated material on to the site in an amount that is in excess of the amount that is needed to complete the remediation requirements or construct the engineering controls approved by the NJDEP in the remedial action workplan or the landfill closure plan. Increases in truck traffic and earth moving activity on the site that is associated with such activity could be a concern to local constituents. Notification by certified mail to the owners and tenants located within 200 feet of the site boundary, the mayor of each municipality where the site is located, the county designated solid waste coordinator and the assigned case manager will ensure that interested parties are aware of the proposed additional fill activity. The party conducting the remediation should ensure that the notification include, at a minimum, the following information:
Long-term RemediationIf the cleanup is a multi-year remediation, the person responsible for conducting the remediation is encouraged to provide regular notifications to interested parties (e.g., owners and tenants that are located within 200 feet of the site boundary, the parties concerned with sensitive populations, municipal clerks, and designated local health officials). Notification should occur every two years after the initiation of the remedial action until a No Further Action is issued by the Department. Sites with Off-Site ImpactsWhen off-site impacts have been identified, NJDEP encourages the remediating party to prepare and distribute a Fact Sheet to property owners and tenants located within 200 feet of the site boundary. The party conducting the remediation should ensure that, at a minimum, the Fact Sheet includes the following information:
In addition, the remediating party should consider posting a copy of the Fact Sheet as a display advertisement in a daily or weekly newspaper of general circulation in the vicinity of the contaminated site (e.g., not in the legal notices). These examples illustrate methods for you to give concerned community members accurate information, rather than leaving them to speculate about what is being done and how well it is being managed. This level of community outreach may not be necessary when the contamination has only affected one adjoining property and the affected contaminated media is limited to only soil. In these instances, we recommend notifying the affected property owner or tenant of the nature and extent of contamination, in writing. Cases with High Levels of Community ConcernThere will be instances where the site is a significant source of local concern for any number of reasons. In these cases, more communication is better. In cases where there is substantial public interest, enhanced public notice may be achieved using the following methods:
In addition, NJDEP encourages you to establish an electronic repository at an online website. These websites can also be linked to municipal websites to ensure easy access for residents. In an era of ever-expanding use of electronic communications, we also recommend developing an e-mail distribution system to provide the community with updates and critical information. This would entail developing a system (through your Web site or company email address) where interested citizens could register to be notified when you have news or information to share. Assistance from NJDEP Office of Community RelationsThe Office of Community Relations can post links through our Web site, which is fast becoming a familiar starting point for citizens interested in learning more about remediation activities in their communities. If interested, please visit the website at www.nj.gov/dep/srp/community and look at the “Site Highlights” for illustrations of links. It should be noted that in neighborhoods with non-English speaking residents, the party conducting the remediation may need to provide the notification described above in a language other than English. Attachments
1. Sample Sensitive Population ChecklistSensitive Population & Resource Checklist
Check below all sensitive populations and resources that are located within 200 feet of the property boundary, and attach supporting information.
If any sensitive populations and resources are identified: A scaled map indicating the location of the site and the location of each sensitive population and resources shall be submitted in hard copy and electronically. The electronic copy should be compatible with the "New Jersey Department of Environmental Protection Mapping the Present to Protect New Jersey’s Future: Mapping and Digital Data Standards” outlined in N.J.A.C. 7:1D, Appendix A. The Department’s web site provides user guidance and links to internet mapping applications and data downloads atwww.nj.gov/dep/gis/newmapping.htm.
2. Sample Remedial Investigation/Remedial Action Notification Letter
3. Sample Newspaper Notice
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